The Daily times. [volume] (Richmond, Va.) 1886-1889, 1887-02-10
JUDGE HUGHES POSITION.

Quite breeze has been stirred up by
the publication of letter from Judge
Hughes to Acknowledgement Ayers and
Mr.. Royal, in which he takes high
ground against any Virginia case being
heard in Baltimore. He is discussing an
application to him to go to Baltimore to
sit with Judge Bond in hearing the suit
against the Indemnity Board, COUGHS
case, and the motion to repeal his rule.
Inquiry having satisfied us that it is
the every day practice all over the United
States for the Circuit judges to hear mo-
tons argued in one State which affect mat
tiers in another, if all parties consent, we
felt some curiosity to find out justwhat the
real facts of this matter were, and we
have done so; and this morning lay them
before our readers.
When Mr. Royal presented his bill to
Judge Bond, praying for an injunction
to restrain the Indemnity Board from
paving the States money out TO tres
passing treasulers, Judge Bond set the
motion for the injunction for a hearing
at Alexandria, before himself and Judge
Hughes on the 18th of January. SO that
it will be perceived that the first order
made in the cause was one that it should
be heard in Virginia. He also set the
other two matters for hearing at the same
time and place.
On the 18th of January both the judges,
Mr.. Royal, and Attorney General Ayers
were in the courtroom at Alexandria,
ready to proceed with the cases, but Mr..
Tucker, whom the Indemnity Board had
employed as additional counsel, did not
come until il was too late in the day to
argue the cases. Judge Bond thereupon
made an order continuing the hearing un-
til the April term of the court at Rich
mond, but reserying leave for all parties,
by consent, to call them up sooner.
Thereupon Mr.. Tucker, Mr.. Ayers, and
Mr. Royal, upon conference together, re-
solved to ask the judges to set them
for hearing at an earlier day in
Baltimore; and, upon presenting this re-
quest, both Judge Hughes and Judge
Bond agreed to hear them in Baltimore
on January 2Sth. Before the 2Sth ar
rived Judge Hughes informed Judge
Bond that he would not be able to be in
Baltimore on the 2Sth, and Judge Bond
at once notified counsel that, for that rea-
son, he would not hear them on that day.
When Acknowledgement Ayers and Mr..
Royal were in Baltimore last week ar
guing the Fitzgerald habeaS corpus case
they joined in request to Judge Bond to
set the other cases for hearing in Balti-
more on the 18th of February, and
Judge Bond, to accommodate them,
agreed to hear them in Baltimore
on that day, provided it suited
Judge Hughes AS soon as Judge
Hughes was informed of this arrangement
he notified Judge Bond that he could
not attend on February nth, and Judge
Bond at once notified counsel that he
would not hear the cases in Judge
Hughes absence, but that he would make
all his engagements conform to any ar
rangement that might be made between
counsel and Judge Hughes, provided the
hearing was to take place at Baltimore.
Messrs. Ayers and Royal at once jointly
telegraphed this to Judge Hughes, and
asked him to name the earliest day that
he could go to Baltimore; and his pub
lished letter is in answer to that joint
request of Messrs. Ayers and Royal.
Now, these are the plain, incontestable
facts of the case from which every one
can form his own opinion.
SPECIAL AND Personal.